Here's The Story Of The Fatal Accident That Led To Lawsuits Against 86 Yale Fraternity Members

The annual Harvard University-Yale University football game is a
longstanding tradition for the two Ivy League schools, stretching
back to their first matchup in 1875.

As with most college football games, the pre-game tailgate is as
much a part of the experience as the game itself. As
The New York Times describes it, "Students, most of them with
high SAT scores and low interest in football, lobby fiercely for
the right to forsake their studious dignity for one Saturday
morning and guzzle cheap beer while tromping in a muddy field.
Some may eventually stumble into the Yale Bowl or Harvard
Stadium; many others will not."

Shortly before 10 a.m. on gameday, Yale student Brendan Ross lost
control of the U-Haul truck he was driving to his fraternity
tailgate, striking three people. One woman — Nancy Barry — was
killed, while the two other people — Sarah Short, a graduate
student in Yale School of Management, and Elizabeth Dernbach, a
computer lab assistant at Harvard — were hospitalized for their
injuries.

In the Yale Daily News' coverage following the accident, the
student newspaper describes the immediate chaos, quoting one
student who said, "There was a wave of screams when we saw the
truck was going through the crowd, then a lot of 'Oh my God' and
'What the hell is going on?'"

Another student told the Daily News she saw bodies on the
ground, "one of which was not moving."

However, the Daily News reported, "as conflicting reports of the
incident spread among students and alumni, the tailgate continued
throughout the morning largely uninterrupted. The music stopped
after the crash, but as rumors spread that the injuries were not
serious, the music and partying resumed." The tragic news was
only confirmed to the crowd at halftime, when the game's
announcer called for a moment of silence in the stadium.

According to The Times, Barry was not affiliated with either
school, and was only in New Haven to visit Short, her friend from
high school.

These lawsuits join two other lawsuits that have been filed
against Yale University and the Sigma Phi Epsilon national
fraternity, as well as other parties. Short's attorney told the
Daily News that he "expects the four lawsuits to be potentially
joined into one in the near future."

It is still unclear what the exact cause of the accident was.
Ross — the U-Haul driver — was questioned at New Haven Police
Department headquarters, but not arrested, and the NHPD confirmed
he passed a field sobriety test. While
Ross' attorney originally attributed the crash to an
"apparent vehicle malfunction," the Daily News reported that "an
NHPD mechanic 'found no issues with the gas pedal, cable or
throttle body' and said the U-Haul's brake system was in 'good
working order.'"

Ross turned himself in for arrest in May 2012, pleading not
guilty to criminal misdemeanor charges of negligent homicide with
a motor vehicle and reckless driving, the Daily News reported.
According to the arrest warrant application, Ross "applied no
brakes [on the U-Haul] as he traveled through the crowd" and
"failed to maintain control of his vehicle, and, instead,
accelerated into a crowd of people."

In February 2013,
Ross agreed to enter a probationary program that — since he
was a first-time offender — allowed him to maintain a clean
record. The Daily News reported that with this new plea deal,
Ross' charges were revised to reckless driving and reckless
endangerment and he would have to complete a total of 400 hours
of community service.